We recently received an approval for an employment-based 245i adjustment (EB-3 category). We filed for adjustment of status two years ago; however, at the I-485 interview the USCIS officer advised that our client had a prior deportation order from 20 years ago. Apparently he hired a notario to assist him in obtaining work authorization. Unbeknownst to our client, the notario applied for asylum, our client was placed in immigration court without notice and he was ordered deported in absentia.

Because of the prior removal order, USCIS could not approve the I-485.

We filed a motion to reopen the prior removal order based on failure to serve our client and the immigration judge granted it. Then, we filed to terminate proceedings so the removal order would not effect a future adjustment of status filing.

Once the deportation order was out of the way, we re-filed the I-485 adjustment and re-paid the fees. The interview went smoothly. We provided evidence that our client was working for his current employer as a production plant manager and that he was eligible for adjustment under 245i. We also filed adjustment for his wife as a derivative. The USCIS officer was thorough in her examination and respectful in her questioning of our client, and the case was granted. Now the couple plans to file for their child's immigrant visa.

If you are considering adjustment of status, contact Nelson & Nunez to schedule a consultation. We routinely handle complicated immigration matters and we can help you better understand what steps need to be made in order to obtain permanent residency.